Posts Tagged ‘Yu Wensheng’

It all sounds so nice: “universality,” “constructive dialogue,” “win-win cooperation.” China’s unexpected resolution on “Promoting the International Human Rights Cause through Win-Win Cooperation,” being presented this week at the United Nations Human Rights Council in Geneva, is chock full of such phrases. China’s government wants the world to believe it is a model citizen when it comes to human rights, but its draft resolution actually betrays the opposite intent, says John Fisher,Geneva Advocacy Director of Human Rights Watch on 5 March 2018.

Focusing only on intergovernmental dialogue and cooperation, rather than actual human rights violations or accountability for those, is obviously a “win” for China, but it’s not clear who the other winner is. Writes John Fisher. Certainly not victims. A true example of “win-win” might be releasing those wrongly detained, respecting the right of ethnic Uyghurs and Tibetans. Releasing Tibetan language rights advocate Tashi Wangchuk and Uyghur economist Ilham Tohti would be a true double-win.

…..China’s draft resolution fails to even acknowledge the Human Rights Council’s mandate to “address situations of violations of human rights, including gross and systematic violations,” and does not spell out any consequences when countries refuse to cooperate. As written, China’s resolution is a win only for itself, and, if adopted, a serious loss for any country serious about human rights inside China and around the world.

The UN High Commissioner for Human Rights stated on Wednesday 7 March that China’s actions on human rights did not match its words and the level of respect for basic liberties remained low in the country. Zeid Ra’ad Al Hussein did so in his annual report on human rights in the world to the UN Human Rights Council, “President Xi Jinping has called for ‘people-centred development for win-win outcomes as part of a community of shared future for mankind’, a commendable ambition. Sadly, China’s global ambitions on human rights are seemingly not mirrored by its record at home,” he said.

“My office continues to receive urgent appeals regarding arbitrary detentions, enforced disappearances, ill-treatment and discrimination, emanating from human rights defenders, lawyers, legislators, booksellers, and members of communities such as Tibetans and Uyghurs,” he added. Hussein said many of the cases involved people fighting against economic, social and cultural injustices such as corruption, illegal seizure of land and forced evictions or destruction of cultural sites.

Before the start of the current session of the UN Human Rights Council twenty NGOs had called on all member states to hold China accountable at the UN Human Rights Council, appears from a piece by the ISHR on 26 February 2018

In a private letter sent to select UN Member States, the NGOs called for clear and concrete actions to denounce China’s current rollback in respect for human rights at the UN Human Rights Council.

The organisations highlight five cases of human rights defenders that would benefit from further pressure being brought to bear on the Chinese government. They include:

Liu Xia, a poet kept under house arrest after the death of her husband, Nobel laureate Liu Xiaobo, in July 2017

Wang Quanzhang, a rights lawyer held incommunicado since 9 July 2015

Gui Minhai, a Swedish citizen arbitrarily detained in China since he vanished from Thailand in October 2015

….This year is particularly important, as human rights defenders inside and outside China prepare for the country’s next Universal Periodic Review, scheduled for November 2018. The letter to governments concludes: ‘For human rights defenders to have the courage to engage in this important process, with all the risks that it entails, it’s critical that they know that they are not alone’.

(Amnesty International, China Labour Bulletin, Christian Solidarity Worldwide, CIVICUS – World Alliance for Citizen Participation, Human Rights in China, Human Rights Watch, the International Campaign for Tibet, the International Commission of Jurists, the International Federation of Human Rights Leagues, the International Service for Human Rights, Lawyers for Lawyers, Lawyers’ Rights Watch Canada, PEN America, Swedish PEN, the Tibet Advocacy Coalition (comprised of the International Tibet Network Secretariat, Students for a Free Tibet, Tibet Initiative Deutschland, Tibet Justice Center, and Tibetan Youth Association in Europe), and the World Uyghur Congress.)

Thanks to the International Service for Human RightsI am able to give you a short overview of what issues directly relevant to human rights defenders are coming up in the 37th session of the UN Human Rights Councilstarting on Monday 26 February 2018. For the broader human rights view please follow the link at the end of this post.

Thematic

Protection of human rights defenders working in the context of people on the move

– the Global Compact for Migration which States will negotiate (in an open letter sent on 21 February, High Commissioner for Human Rights Zeid urged States to develop a compact that ‘explicitly recognizes and fully conforms to the existing international human rights framework as the authoritative protection agenda for all migrants’)

– a thematic report on the situation of defenders of the rights of people on the move by the Special Rapporteur Michel Forst (read ISHR’s detailed analysis)

– the OHCHR Principles and Practical Guidance for the protection of the Human Rights of Migrants in Vulnerable Situations (Principle 18 which states that States should ‘respect and support the activities of human rights defenders who promote and protect the human rights of migrants’)

– the Special Rapporteur on Torture’s report which is expected to focus on torture and other forms of ill-treatment in the context of migration.

Other key thematic report will be the one by the body working on developing a treaty on business and human rights. The open-ended inter-governmental working group on transnational corporations and other business enterprises (known as IGWG), will present its third report to the Council. ISHR is concerned about the limited protection for human rights defenders in the current elements discussed at the last session. Any process towards drafting a business and human rights treaty should effectively prevent and respond to cases of reprisals.

Country-specific developments relating specially to HRDs:

Burundi. During the 36th session, the Council passed two resolutions on Burundi; one led by the European Union extending the mandate of the Commission of Inquiry and a second resolution by the African Group that requested OHCHR to urgently dispatch a team of three experts to engage with the Burundian authorities and all other stakeholders. Read here ISHR’s analysis of the two resolutions. At the 37th session, the Commission of Inquiry on Burundi will present an oral briefing to the Council. In addition, the High Commissioner will give an oral briefing of the Council on the mission of the OHCHR. Furthermore, the Secretary-General’s report on Burundi noted that OHCHR continued to receive allegations of serious human rights violations and abuses, primarily by the State and affiliated actors, including killings, enforced disappearances, torture and ill-treatment, more than 1,000 arbitrary arrests and detentions and restrictions on the freedoms of association, expression and movement. Burundi’s vice president criticised the report, suggesting that the Secretary-General has been transformed into an opposition member. ISHR and other NGOs continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which both clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council. [see also: https://humanrightsdefenders.blog/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/] For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here.

China. Since Xi Jinping’s assumption of power in 2013, the situation for human rights defenders in China has gone from bad to worse. Five current cases illustrate the sense of impunity with which Chinese authorities trample on the rights of civil society actors. ISHR has discussed many of them in detail, but in short they include:

the baseless house arrest since 2010 of Liu Xia, a poet and the widow of Nobel Peace Prize Laureate Liu Xiaobo;

the prolonged detention of rights lawyer Wang Quanzhang, who has been held incommunicado, and without charge or access to lawyers since July 9, 2015;

the seizure and disappearance in January 2018 of bookseller Gui Minhai, a Swedish citizen previously forcibly disappeared from Thailand in October 2015;

the detention and prosecution for inciting separatism of Tashi Wangchuk, a Tibetan cultural rights and education advocate; and

the punitive disbarment in January 2018 and, later that month, arbitrary detention of Yu Wensheng, a prominent human rights lawyer.

The Council will hear reports on and is expected to consider resolutions addressing a range of country situations, in many instances involving the renewal of the relevant expert mandates and the situation of human rights defenders. They include:

The High Commissioner will present his reports on Guatemala, Honduras and Colombia, Afghanistan and give oral updates on the situation of human rights in Haiti, Yemen, Ukraine, Libya, Democratic Republic of Congoand Democratic People’s Republic of Korea.

OHCHR will present its report on Cyprus and an oral update on Eritrea.

The Council will consider the written update of OHCHR on promoting reconciliation, accountability and human rights in Sri Lanka.

The Council will consider the report of the Commission of Inquiry on Syria and renew its mandate.

The Council will consider the report of the Commission on Human Rights in South Sudan and the report of the Special Rapporteur on the Democratic People’s Republic of Korea.

The fact-finding mission on the situation of human rights in Myanmar will present an oral update to the Council and the Special Rapporteur on Myanmar will also present her report to the Council.

The Council will consider the interim report of the Secretary-General on the situation of human rights in Iran and Cambodia.

The Council will hold an interactive dialogue with the Independent Expert on the Central African Republic.

The Independent Expert on Mali will present his report to the Council, who will also hold an interactive dialogue on the human rights situation in Mali.

Universal Periodic Review (UPR): States to be reviewed

During this session the Council will adopt the UPR reports which list the recommendations the State under review is expected to implement of the following 14 countries: Czechia, Argentina, Gabon, Ghana, Peru, Guatemala, Benin, the Republic of Korea, Switzerland, Pakistan, Zambia, Japan, Ukraine and Sri Lanka. ISHR submits briefing papers regarding the situation facing human rights defenders in some States under review and advocates for the UPR to be used as mechanism to support and protect human rights defenders on the ground.

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following a number of vacancies of mandate holders to be filled at this session, including:

Special Rapporteur on the rights to freedom of peaceful assembly and of association

Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence

Independent Expert on the situation of human rights in Mali

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions will be broadcast live and archived on http://webtv.un.org. Seven panel discussions are scheduled for this upcoming session, including:

The annual high-level panel discussion on human rights mainstreaming will take place on 26 February 2018 from 16:00 to 18:00. This panel will discuss the challenges and opportunities of the promotion and protection of human rights in the light of the UPR mechanism. The concept note of the panel is available here.

High-level panel discussion on the seventieth anniversary of the Universal Declaration of Human Rights and the twenty-fifth anniversary of the Vienna Declaration and Programme of Action will take place on 28 February 2018 at 16:00 to 18:00. The concept note of the panel is available here.

Annual full-day meeting on the rights of the child will take place on 5 March 2018 from 09:00 to 11:00 and from 16:00 to 18:00. This panel will discuss the protection of the rights of the child in humanitarian situations. The concept note of the panel is available here.

Debate on promoting tolerance, inclusion, unity and respect for diversity in the context of combating racial discrimination will take place on 16 March 2018 at 09:00 to 11:00. This panel will be held in commemoration of the International Day for the Elimination of Racial Discrimination. The concept note will soon be made available here.

Side events. States and NGOs are holding a series of events. You can download the list of State events here and NGO events here. I will post on some of these separately.

On 10 July 2015 over 250 lawyers and support staff were detained or questioned by the police in China in one of the largest crackdowns in recent years. Many newspapers and NGOs have reported on this phenomenon. This is the situation on 29 July: Read the rest of this entry »